Conversion of impriosnment
TARUN RUSTAGI
(Querist) 26 April 2012
This query is : Resolved
hello all,
I want to know..
Is there any provision in indian law, for converting Simple imprisonment(SI) into rigorous imprisonment (RI)
One of my known person is sentenced by the Addnl Seession judge.
The sentence is for 1 year Simple Imprisonment and Fine.
In case of failure to pay fine, the sentence is extend to 3 months more.
Actually he wants to do some work in jail.
But jail official says, there will be no work for prisoners having SI.
Can you suggest me something in this case.
can we make an application for this..if yes then to whom the application is to be made.
Thanks and Regards,
Tarun Kumar
+91-9968538910
venkatesh Rao
(Expert) 26 April 2012
No such provision and possibility.
Deepak Nair
(Expert) 26 April 2012
No such provision is available.
Only the prosecution can appeal for enhancement of imprisonment by filing appeal in High Court.
TARUN RUSTAGI
(Querist) 26 April 2012
Thanks for your reply.
I also searched on the internet for the same.
I found section 386(b) of Cr.cpc and there is one case law also
crl.Rev.P. 666/2007 in The high court of delhi
Please do consider this and let me know.
Devajyoti Barman
(Expert) 26 April 2012
If you know on the subject then why are you coming before us?
If you know then first share us we can analyse your query in proper perspective.
Devajyoti Barman
(Expert) 26 April 2012
What you have found is not applicable in this case.
TARUN RUSTAGI
(Querist) 26 April 2012
Dear Devajyoti Barman..
I didn't get you..
I got to know about this case law after posting this querry...coz m also side by side searching on the same.
When i found the case law, i put it here. i dont think there is ny thing wrong in this.
PARTHA P BORBORA
(Expert) 26 April 2012
Wow. What a brilliant idea. It is the creziest queary i have ever answered in this platform. But unfortunately there is no such law in India. Perhaps there is no such law in any country govern by rule of law.
TARUN RUSTAGI
(Querist) 26 April 2012
what is there in section 386(b) of Cr.cpc
PARTHA P BORBORA
(Expert) 26 April 2012
section 386 is the procedure of appeal. but you are asking the query for the convict To convert his S.I into R.I. Only the prosecution has the right to appeal to convert SI in to R I. As you are for the convict you may file appeal for acquittal. But a convict can not file an appeal to convert your simple imprisonment in to rigorous imprisonment. It is not maitainable and totally crazy. The state has the right to file an appeaL to convert SI TO R I, NOT BY THE CONVICT. THAT'S WHY I CONSIDER IT AS A CRAZY IDEA.
Deepak Nair
(Expert) 27 April 2012
The said convict can convert his SI into RI by committing a serious crime while in jail.
hehe.....:)
Shonee Kapoor
(Expert) 27 April 2012
:-) :-) Deepak Ji,
You rock
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 27 April 2012
Great ,very great Deepak!!!!
author : TARUN RUSTAGI?????
You must have caught now that you were looking for so rigorously??????
TARUN RUSTAGI
(Querist) 27 April 2012
Thanks to all..
Actually there is nothing related to work.
what i was thinking is that..
In RI 25 days are counted in a month while in SI there is no such relaxation of 5 days.
so if the SI is for 15 months.. the prisoner will have to spend full 15 months in jail.
but in RI he can leave the jail in 12.5 months.
there will be a rebate of 2.5 months.
that is why i want to convert the SI into RI.
Deepak Nair
(Expert) 30 April 2012
very strange way of thinking......
